KNOXVILLE, Tenn. — A new bill that would protect same-sex and interracial marriage is heading to the U.S. House of Representatives floor. The bill is called the Respect for Marriage Act.
It was approved in the Senate with a largely bipartisan, 61-36 vote. The law would formally ensure the U.S. government recognizes the validity of same-sex and interracial marriages, regardless of the previous Obergefell v. Hodges Supreme Court decision.
After the Roe v. Wade decision was overturned, advocates worried that the court could soon flip on its previous rulings that recognized gay marriage and interracial marriage. So, lawmakers went to work crafting a law that would codify those kinds of marriages into law, instead of their legality relying only on a Supreme Court decision.
Margaret Held, the founder of Held Law Firm, works closely with LGBTQ+ clients and the Knox Pride. She describes this legislation as a way for states to further recognize marriages, despite race or gender.
"It tells states that they must recognize marriages that are performed in other states," Held said. "And it tells states that they must grant a marriage license to same-sex couples."
Held says that although gay marriage is legal, her clients still face numerous challenges and this news has been a rollercoaster of an experience for them.
She said the premise of this act was a person's right to a union.
"There's a basic premise here and the basic premise is you should be able to marry who you want," Held said.
This still needs the House's approval before President Biden can sign it into law. Tennessee Senators Marsha Blackburn and Bill Hagerty voted against it.
In a statement, Blackburn says, "it is unfortunate that the Senate could not agree on any of the measures that would help protect religious freedom for Tennesseans."
She was referring to a "religious liberty amendment" by Senator Mike Lee, which Blackburn signed in support. That amendment would have prevented people from suing institutions like churches, universities, and local administrations that may refuse to recognize same-sex marriages based on their religious leanings. It would also have protected the tax-exempt status of those institutions, according to the letter Blackburn signed.
WBIR also reached out to Hagerty for a comment but did not receive one.
This act comes months after the supreme court overturned Roe vs Wade. Part of this legislative effort is to prevent same-sex and interracial marriages from also being overturned.
Some lawmakers also call the Senate's approval of the bill a historic step for marriages in the country.
President Biden tweeted and called this act a "fundamental truth," and once signed he will "proudly sign it into law."
While Vice President Harris said that all Americans are created equal. and this bill takes the country one step closer to achieving that ideal.
The House is expected to vote on it as early as next week. It is expected to pass. If it does, federal law will require all states to recognize same-sex marriage and interracial marriage.